Anonymous

Our HOA is well aware of the desires of the membership in keeping our by law which states ANY HOMEOWNER whether full time or short time may run for the board of directors. A WEEK before our scheduled meeting for election they informed the members that they were told by their FMO to NOT include any membership when changing this by law to any homeowner wishing to run for the board MUST reside here full time.

What makes this worse, the subject was brought up at the last meeting and it was vehemently voted against. So they just decided to change it behind everyone’s back.

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Is your condominium a leasehold investor controlled Association or is it primarily an owners resident home owners association ? There are, or appear to be , much different focus , between the two . Resident owners may resent fees for what appears to represent leasehold interests at their expense , but from my experience this is certainly something that a qualified real estate contract attorney should address . They (management )have or should have provision to get an opinion letter from a qualified attorney ( or two or three even for assurances ) who does not have a conflict of interests , ‘ fees and fines ‘ agenda , interloping for liability litigation , supporting member of CAI and or primarily supporting professional real estate industry and not the individual unit owner and is not an attorney in the association who lives or has an interest in the condominium association . Changing words , usually is under strict performance and would require at least 2/3 majority to agree ( with notary confirmation ) to amend bylaws or declaration . ( At least from the covenants that run with the land , that require recording with the county recorder of property and actual owners that I have seen in my documents. ) EVERY word is weighty and most attorneys know that and so it is important . I am a resident owner and to me that would be a safeguard to quality of control of resident owners and to keep it from being transferred to a leasehold conversion by investors who do not live and do not intend to live in residence .